December is here again. A time for family and friends, a period in which we exercise our repeated traditions that define our sense of belonging. It is the time when South Africans spend money, and spend time together. December is also often jokingly referred to as the “wedding season” in some parts of the country.
The relationship between culture, tradition, family and economy is undeniable and yet, possibly, seldom spoken about. Coincidentally, discussions around tradition, religion and culture have been at the top of the agenda for the past two weeks as public consultations on the Marriage Bill took place around various regions in Gauteng.
The bill is a bold attempt to consolidate the inherited Marriage Act (Civil Marriages) with the recognition of Customary Marriages Act that acknowledges traditional and non-Christian religious marriages, and the Civil Union Act, which put South Africa on the map with regards to same sex unions.
If you needed proof that the definition of “family” has changed, maybe this is it. Legislation is, arguably, merely a response to what is already happening on the ground.
To provide some perspective, there has been a clear declining trend in civil marriages over the last decade. According to Stats SA, there has been a breaking of tradition, where we have seen a rise in older wives rather than husbands, as grooms were younger than brides in 46% of marriages recorded in 2022. This happens while birth rates remain largely unchanged, speaking to a rise in single-parent households.
In contrast to declining civil unions, customary marriages seem to be on the rise: 2022 recorded a spike in customary marriages, beating the last peak of 2016 at a new annual record of 4,400 unions. Controversially, 8% of these unions involved minors, mostly girls, under the age of 18.
South Africa is still in many ways described as a conservative society, governed by religious beliefs and cultural tradition, which has made the bill contentious for many. Some say it is not progressive enough, as polyandry remains unrecognised, and others that it does not do enough to protect the vulnerable [where unions with minors remain permissible].
Consultations will help to refine the bill.
No matter the outcome, if the statistics on marriages and divorces are anything to go by, it would be fair to assume we’re in a period of transition regarding family structures — however gradual it might be. Permitting new ways of belonging is not a displacement of one way for another, but more of a recognition and embracing of the diversity that the constitution upholds.
However one may feel about the bill, it is important in providing clarity in law, with broad implications across other fields of the economy. “Dezemba” is taking on a new shape, and it might not be long before the large box of Choice Assorted is replaced with high-fibre, vegan-friendly and allergen-free snacks. For some, “family holiday” may not imply the need for a small adjacent room with double bunk-beds. For others, lobola negotiations may pivot from the age-old cows and cash to shares on the stock market, with talks led by Auntie Steven [female].
The bill is merely a reminder to household-focused businesses to think proactively about inclusion and plan ahead for the diversity of family structures in our market. This could not be truer for the financial services sector. There are many implications from different types of unions, from debt obligations, property ownership and beneficiaries of inheritances. all the way to insurance structures.
It is always harder to imagine the future that has not yet happened. Yet, divorce was once unimaginable and now offers a liberating alternative to many unhappy unions.
South Africans would not have guessed the Civil Unions Act would produce a sturdy upward trend of same-sex marriages over the past decade, in contrast to the slide of civil heterosexual marriages in the same period.
More recently, case law has set a precedent for women to take a husband by giving him her surname. Yes, it speaks to minority groupings, for now, but these changes to law have cemented a sense of belonging for thousands who truly love each other. It stops “different” from implying “less equal”. And it is important for businesses to do the same.
• Makhoba is an economist and lead specialist of research and analytics at Liberty, the insurance and asset management arm of Standard Bank
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